Latest three authorities to vote on making care experience a protected characterstic
Published by Professional Social Work magazine, 24 November, 2022
Three more local authorities are to vote today on whether to make care experience a protected characteristic.
Nottinghamshire, Edinburgh and the Scottish Borders will join Cumberland, Westmorland, Manchester, Cleveland and Ashfield District Council if councillors vote in favour.
It would mean people who are in or have been in care would have the same legal protection against discrimination as ten other characteristics under the Equality Act including age, sex, race, sexual orientation and religion.
Adding care experience to the Equality Act is also one of the recommendations of England’s Review of Children’s Social Care published in May.
Campaigners believe it will help end stigma and create systems that better promote the rights of people who have been or are in the care system.
Public bodies would have to show what action they are taking to ensure policies and procedures do not discriminate, while care experienced people would be able to hold them to account under the Act.
Terry Galloway, who was in care himself as a child and is leading the movement, believes the measure is needed because discrimination currently routinely takes place.
“If you take care experienced people who are going to become parents, for example, you have all kinds of people referring them because they are care experienced. Rather than take a risk they will make a referral for something that non-care experienced people wouldn’t get referred for.
“That is direct discrimination. If care experience was a protected characteristic organisations would have to do appropriate assessments on referrals.”
Risk-averse referrals were flagged up by England’s Review of Children’s Social Care. It highlighted statistics showing that in the year ending March 2020 there were 135,000 investigations of suspected significant harm to children that did not result in a child protection plan.
Galloway said young people leaving care could also face similar indirect discrimination in the housing sphere.
“They might be in social housing and that care leaver may be in the job centre and mention to someone who offers to help with furniture, or putting up a curtain, and that person then moves in and starts selling drugs from their home.
“They have walked into a trap because they are vulnerable. Then there are complaints about anti-social behaviour and the care leaver gets evicted.
“If the council or housing provider had to look at how their policies impacted on care experienced people they would understand they are more prone to cuckooing and country lines. They would take measures to recognise it at the first hint of anti-social behaviour and send an officer round to see what is going on.”
Children in care also currently suffer discrimination in getting a school place, said Galloway. Although given priority by councils, this only applies during the application deadlines, which works against children in care who move placements.
“It works for children who live in a stable placement,” said Galloway. “But if a foster carer takes a child mid-year, then that priority doesn’t exist.”
Edinburgh Council, Nottinghamshire County Council and Scottish Borders are all due to vote today, Thursday, 24 November.
Galloway, who will be travelling to the authorities this week called for cross-party support and for councillors not to let party politics influence their voting.
He will be making a statement to Edinburgh Council along with Edinburgh University academic Robin Sen, which will be broadcast live.